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(formerly the Persuasive Litigator blog)

Search Results for: counterfactual

Help Your Fact Finders Think About What Might Have Been

Adapting to Jurors, Comprehension, Strategy / /

By Dr. Ken Broda Bahm: I’ve written about presidential aspirant Herman Cain, and his effective use of the “9-9-9” mnemonic, but more recently, Mr. Cain might be having more troubling memories.  Specifically, he might be thinking, “If only I had an iron clad non disclosure agreement in my sexual harassment settlements….”  While Mr. Cain’s predicament is unique, what is […]

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Count Your Plaintiffs Before Certification Hatches: Class Size Matters in Some Unexpected Ways

Adapting to Jurors, Employment Litigation, Products Liability Litigation, Strategy / /

By: Dr. Ken Broda Bahm – When dealing with the number of plaintiffs in a class action, mass tort, or other large scale litigation, is “Super-Size Me” the plaintiff’s best choice?  At a legal level, the U.S. Supreme Court will get a chance to weigh in, after the decision last week to determine whether as

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